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SCHEDULES

SCHEDULE 3Further provision about notices that specify works

Part 2Failure to carry out works required by rectification notice or hazard notice

Carrying out of work by council

5.—(1) The council may carry out any work required by the notice.

(2) But the council may do so only if one of the following three conditions is met.

(3) The first condition is that—

(a)the date specified for that work to be completed has passed, and

(b)the council has given the owner not less than 7 days’ notice of its intention to carry out the work under this paragraph.

(4) The second condition is that the owner has given notice to the council that the owner is unable to comply with the requirement because of a lack of necessary rights (of access or otherwise) despite having taken reasonable steps for the purposes of acquiring those rights.

(5) The third condition is that the owner has given notice to the council stating that the owner considers that carrying out the work is likely to endanger any person.